5E-2.042: Secondary Containment Standards
PURPOSE AND EFFECT: To adopt by reference Federal containment regulations stipulated in 40 CFR 165, relevant to secondary containment of containers of dry pesticides and to containment pads of liquid and dry pesticides for pesticide dispensing activities. Adoption of the regulations referenced in the proposed rule will address the areas of non-equivalency which were identified by the US Environmental Protection Agency during their evaluation of Florida’s Aboveground Storage Tank Systems Rule, Chapter 62-762, F.A.C.
SUMMARY: The rule will adopt by reference Federal containment regulations stipulated in 40 CFR 165, relevant to secondary containment of containers of dry pesticides and to containment pads of liquid and dry pesticides for pesticide dispensing activities.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will have an impact on small business. A SERC has been prepared by the agency that states commercial costs associated with the installation or modification of a secondary containment pad for pesticide dispensing activities, are likely to be incurred by some businesses subject to the rule. Specifically, these costs would be incurred by those businesses which currently do not have a containment pad that meets the requirements of this rule.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 487.051, 570.07(23) FS.
LAW IMPLEMENTED: 487.051(2) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mr. Bruce Nicely, Chief of the Bureau of Compliance Monitoring, 3125 Conner Boulevard, Building 8, Tallahassee, Florida 32399-1650; (850)487-8731
THE FULL TEXT OF THE PROPOSED RULE IS:
5E-2.042 Secondary Containment Standards.
(1) The standards applicable to secondary containment of containers of dry pesticides and to containment pads of liquid and dry pesticides for pesticide dispensing activities at facilities identified in 40 CFR 165.80(b) (2008) are set forth and specified in 40 CFR 165.3, 165.80(b), 165.81, 165.82, 165.83, 165.85(a), 165.85(b), 165.85(c)(3) & (c)(4), 165.85(e), 165.85(f), 165.87(a), 165.87(b), 165.87(c)(2) & (c)(3), 165.87(e), 165.87(f), 165.90 and 165.95 (2008).
(2) All federal regulations contained in this rule are hereby adopted and incorporated by reference and may be obtained on the U.S. Government Printing Office’s Website http://www.gpo.gov/fdsys/search/home.action, or from the Superintendent of Documents, Attn: New Orders, P. O. Box 371954, Pittsburgh, PA 15250-7954. Charge orders may be telephoned to the Government Printing Office order desk at (202)512-1800.
Rulemaking Authority 487.051, 570.07(23) FS. Law Implemented 487.051(2) FS. History–New________.